-- JonathanMo - 14 Sep 2015

Injunction

This equitable remedy usually requires the defendant to refrain from a particular course of conduct; rarely, it may require the defendant to carry out a particular act. The source of the court's power to award an injunction is section 115(2) of the CA. The same equitable considerations apply as for the grant of an injunction in equity. The injunction may be interlocutory or final. The court will grant an interlocutory injunction where there is a 'serious question to be tried'. It is an invariable condition of the grant of an interlocutory injunction that the plaintiff should give an undertaking to pay damages to the defendant in the event that a final injunction is not granted at trial;